Judge issues $100,000 cash-only bond in McDonald's killing case

Affidavit: McDonald's suspect shot family member in the head

The suspect who allegedly shot and killed a family member at Cañon City's McDonald's made his first court appearance Tuesday, where District Judge Lynette Wenner issued a $100,000 cash-only bond.

Zebulon Montgomery, 25, of Cañon City, is being charged with second-degree murder of Kelly Ray Smith, 62, of Cañon City.

In court Tuesday, Assistant District Attorney Thom LeDoux requested the $100,000 cash-only bond because the incident happened at "one of the busiest areas in town," he said, where they were "surrounded by families and children."

According to a news release from the Cañon City Police Department, officers responded to the McDonald's at about 6:30 p.m. Sunday after they received multiple phone calls regarding gunfire.

According to the arrest affidavit, after reviewing video surveillance from McDonald's, officers were able to see two males driving westbound on the north side of the restaurant's parking lot.

Montgomery was identified later as the passenger, and Smith was identified as the driver. In a previous case, according to the affidavit, Montgomery told authorities Smith was his father. In court Tuesday, however, LeDoux referred to Smith as Montgomery's grandfather.

On Sunday, after the car parked close to the northern doors of McDonald's, the surveillance video showed "the male passenger reach toward the male driver."

"The male appeared to shoot the driver in the head, causing the truck to then 'lurch' forward, striking the building," the affidavit said.

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It later states that Fremont County Coroner Randy Keller noted that Smith, "had what appeared to be a single gunshot wound to the right side of his face ... (with) an exit wound located on Smith's left side, lower cheek area."

Montgomery then proceeded to exit the car and run away.

Later, officers found "two glass pipes that are known to be used to smoke illegal drugs," located in the passenger area of the truck.

A spent .380 caliber shell casing also was located in the rear passenger side floorboard.

The arrest affidavit states a Fremont County Sheriff's Officer was able to locate Montgomery after the shooting took place, running eastbound on Fremont Drive toward the Abbey.

"Officers on scene during the detention stated that Montgomery was sweating profusely, looked flush and had a 'thousand yard stare,'" the affidavit said.

He also had blood on his hands and the left side of his face.

Officers on scene also located a Taurus TCP .380 firearm.

When officers were detaining Montgomery, he gave officers the fake name of "Boogie Jones" and disregarded their orders to keep his hands out of his pockets.

Later, when Detective Robyn Vidmar with CCPD attempted to interview Montgomery, she noted he seemed lethargic and "out of it."

After being advised of his Miranda rights, Montgomery reportedly said he didn't want to speak with authorities.

However, after the interview ended, Vidmar said Montgomery allegedly looked directly at the video camera in the interview room stating, "they're pricks."

In court Tuesday, Public Defender Daniel Zettler requested a personal recognizance bond, noting Montgomery has never failed to appear in court and that he has a place to live in Fremont County.

In his argument, LeDoux noted that Montgomery currently is unemployed. He also expressed concern that he could be a danger to other family members.

"He's accused of murdering, in cold blood, a family member," LeDoux said.

He also noted that the investigation is ongoing, so the motivation currently is unclear. LeDoux later added that Montgomery was shown to have past problems with meth and heroin abuse and may have been under the influence of "some form of alcohol or drugs" on Sunday.

Based on Montgomery's current charges, he could face between 16 and 48 years in the Department of Corrections. However, LeDoux said, "it's quite possible the defendant may be facing more serious charges."

He will appear in court again 8:30 a.m. Aug. 23 for formal filing of charges and a motions hearing.

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